What Happens When You Get a DUI?
What Happens When You Get a DUI?
Getting a DUI can be a scary and confusing experience, especially when you don’t know your rights. An experienced criminal defense lawyer breaks down everything you need to know if you get arrested for driving under the influence.
Different Types of DUI Tests
In Michigan, several types of DUI tests are used to determine if you are driving under the influence of alcohol. These tests include field sobriety tests, preliminary breath tests, implied consent testing (blood, urine, or chemical breath tests), and blood draws after implied consent refusal.
Are DUI Tests Mandatory in Michigan?
While not all DUI tests are mandatory, refusing them can have serious consequences.
- Field Sobriety Tests - They are voluntary. You can refuse to take them if an officer asks you to do so.
- Preliminary Breath Test (PBT) - While you do have the right to refuse this test at the scene, it is a civil infraction to refuse to take a PBT test. If you refuse to take it, you could be fined up to $150.
- Implied Consent Test - Because Michigan’s implied consent law applies once you’ve been taken to the police station, you face more severe consequences if you refuse a breath, blood, or urine test. These consequences could include a 1-year mandatory license suspension.
- Blood Draw - If you refuse to take an Implied Consent test, the officer can get a warrant for your blood sample.
Penalties for DUI offenses in Michigan
In Michigan, it is a crime to operate a motor vehicle with a bodily alcohol content (BAC) of .08. Michigan also has a high-BAC law with enhanced penalties for those caught driving with a BAC of .17 or above. If you are under 21 years of age, you cannot have any alcohol in your system.
The penalties for a DUI depend on whether your BAC is below .17 (the super drunk limit) and the number of offenses you’ve already committed.
First offense
If this is your first offense and your BAC is BELOW .17, the penalties you could face are:
- $500 fine
- 93 days in jail
- 180 days license suspension
- 6 points on a driver's license
If this is your first offense and your BAC is .17 or HIGHER, these are the penalties you could face:
- $700 fine
- 180 days in jail
- 360 hours of community service
- One-year license suspension
- 6 points on a driver's license
- Mandatory completion of an alcohol treatment program
Second offense
If this is your second offense, these are the possible penalties:
- Five days to one year in jail
- $200 to $1,000 fines
- 30 to 90 days of community service
Third offense
If this is your third offense, these are the possible penalties:
- One to five years (30 days to one year if community service is ordered)
- $500 to $5,000 in fines
- 60 to 180 days of community service
Does a DUI ever go away in Michigan?
First-time DUI offenses are eligible for expungement under Michigan’s recent expungement law. However, there are some stipulations for expungement. These include:
- Only one operating while intoxicated (OWI) offense can be expunged in a person’s lifetime
- If you have more than one OWI conviction, you are ineligible for expunging any of these convictions
- If your conviction caused injury or death, it is also ineligible
- There is a 5-year waiting period before you can get a first-time OWI expunged from your record.
Talk to the Criminal Defense Lawyers at JAD Law
If you get arrested for driving under the influence of alcohol, you need an experienced criminal defense lawyer to advocate for you. JAD Law is here to help. Contact JAD Law today to schedule an appointment.
JAD Law serves several counties across Metro Detroit, Michigan, including Macomb, Oakland, St. Clair, and Wayne counties.
